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        Case ID :

        Government Approves Fifteen (15) Proposals of Foreign Direct Investment (FDI) Amounting to ₹ 7261.6 crore Approximately; Recommends one Proposal for Approval of CCEA Involving FDI of ₹ 6885 crore

        March 21, 2016

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        Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its 232nd meeting held on 7th March 2016, the Government has approved fifteen Foreign Direct Investment (FDI) proposals involving FDI of ₹ 7261.6 crore and recommended one proposal for approval of CCEA involving FDI of ₹ 6885 crore.

         The following fifteen (15) proposals have been approved:

        The following one (01) proposal has been recommended for approval by the Cabinet Committee on Economic Affairs (CCEA) under para 5.2.2 of the FDI Policy 2015:

        S. No

        Item No

        Name of the applicant

        Gist of the proposal

        Sector

        FDI (Rs.  crore)

        1

        5

        Vsoft Technologies Pvt Ltd

        Post facto approval for issuing 1,11,11,100 equity shares to  VSoft Holdings, Mauritius (which holds 100% equity shares of M/s  VSoft Corporation, USA) by way of swap of shares.

        IT /ITES

        Nil

        2

        7

        M/s Venus Aesthetic LLP

        Post facto approval has been sought for foreign equity participation of 51% by Venus Concept Canada Corporation.

        LLP

        Nil

        3

        8

        Beloorbayir Biotech Ltd

        Approval has been sought to:
        1. Acquire the pharmaceutical business of Bayir Chemicals and the ayurvedic products business of Sneha Natura pursuant to Business Transfer Agreements. All three companies are Indian.
        2. Pursuant to the above business transfers, foreign investor M/s India Agri Business Fund Limited (IABF) shall invest up to INR 250 million in BBTL under the FDI route by way of subscription to additional Cumulative Compulsorily Convertible Preference Shares

        Pharma

        25

        4

        9

        M/s Sun Life Financial (India) Insurance Investments Inc.

        Approval has been sought for the acquisition of 23% in Birla Sun Life Insurance Company Limited which is currently held by Aditya Birla Nuvo Limited, thereby, increasing the foreign equity in the company from 26% to 49%.

        Insurance

        1664

        5

        11

        M/s Nippon Life Insurance Company

        Approval has been sought for proposed foreign direct investment by way of acquisition of a 23% additional stake in Reliance Life Insurance Company Limited, an Indian company, thereby increasing its aggregate shareholding in Reliance Life Insurance Company from 26 percent to 49 percent.

        Insurance

        2265.5

        6

        12

        M/s Tata AIA Life Insurance Company Ltd

        Approval has been sought for increasing the stake of AIA International Limited from 26% to 49% in the company.

        Insurance

        2055

        7

        16

        M/s PTL Enterprises Ltd

        Approval for transfer of 14,90,000 equity shares held by Late Mr. Siddique Dawood (UK based NRI) to his son and legal heir Mr. Rafique Dawood who is a citizen of Pakistan.

        Manufac-turing

         Nil

        8

        22

        M/s Sun Pharma Advanced Research Co. Ltd

        Approval has been sought by M/s Sun Pharma Advanced Research Company Limited for the removal of compounding in Para 3 in the approval letter dated 02.11.2015

        Pharma.

        nil

        9

        24

        M/s Almondz Insurance Brokers Pvt Ltd

        Approval for the proposed transfer of 49% of its shareholding to M/s Willis Europe B.V. currently held by resident shareholders.

        Insurance

        45.54

        10

        25

        M/s Taurus Ventures Ltd

        approval, for the issuance of shares to the shareholders of Max India pursuant to a demerger of Max India Limited whereby which each shareholder of Max India would be issued shares in the company in the ratio of 1:1 and M/s Taurus would become the holding company of Max Healthcare and Max Bupa.

        Insurance, Health and Allied Activities

        nil

        11

        26

        M/s Quantum Simulators Pvt Ltd

        Approval to set up a stimulator Manufacturing Company in India for various applications including military and commercial uses in technical collaboration with leading US Company M/s Textron with US $ 15 Billion revenue. Further  M/s Quantum Simulator has a JV agreement with a Indian company who would be holding 51% and the balance 49% by quantum

        Defence

        14.7

        12

        27

        M/s Tata Sikorsky Aerospace Limited

        Approval has been sought for non-resident to non-resident transfer of 26% of the shares of Tata Sikorsky Aerospace from M/s United Technologies International Corporation - Asia Private Limited to M/s Lockheed Martin Global, Inc. (USA).

        Defence

        nil

        13

        28

        M/s Aviva Life Insurance Co India Ltd

        Approval has been sought by Aviva Life Insurance Company India Limited to increase the foreign shareholding from 26% to 49% by Aviva International Holdings Limited, UK by way of transfer of 23% shareholding currently held by Dabur Investment Corp.

        Insurance

        940

        14

        30

        M/s International Asset Reconstruction Co Pvt Ltd.

        Approval has been sought for purchase of its shares by KKR India Reconstruction Pte. Ltd, Singapore, thereby increasing the foreign equity from 58.75% to 78.96%.

        Asset reconstructions

        150

        15

        31

        M/s Raheja QBE General Insurance Co Ltd

        approval for transfer of  23% shares currently held by Prism Cement Limited to QBE Asia Pacific Holdings Limited, Hong Kong, thereby increasing the foreign shareholding in the company from 26% to 49%.

        Insurance

        101.85

        The following eight (08) proposals have been deferred:

        S. No.

        Item No

        Name of the applicant

        Gist of the proposal

        Sector

        1

        3

        M/s RMS Arc Insurance Brokers Pvt Ltd

         Approval to increase foreign investment in the company from 26% to 49% by way of sale of shares to Risk Management Services, LLC, Oman.

        Insurance

        2

        4

        M/s Whirlpool Asia Pvt Ltd

        A company with 99.997% FDI, has sought an approval for converting into a LLP.

        LLP

         3

         6

         M/s Bupa Singapore Holdings Pte Ltd

         Approval to increase its investment in Max Bupa Health Insurance Company Limited from 26% to 49% by way of acquisition of shares from Max India Limited

         Insurance

        4

        20

        M/s Standard Chartered (l) Modeling and Analytics Center Pvt. Ltd

        Approval has been sought  for the sale of 26% of its shareholding, currently held by Standard Chartered Investments and Loans (India) Limited to Standard Chartered Bank, UK, thereby making it a WoS of the Standard chartered bank, UK

        Research and Analytical

        5

        29

        M/s Gulf Quarry General Trading FZC

        Approval has been sought by GULF QUARRY GENERAL TRADING F.Z.C, UAE   for investment in an Indian company which is yet to be incorporated for the establishment of a new factory in Amritsar for crushing of gypsum rocks to make gypsum powder, manufacturing of gypsum board etc.

        Manufacturing

        6

        33

        M/s HSBC Securities and Capital Markets (India) Pvt Ltd

        Approval has been sought for:-
        I. Merger of the FIPB approval letter of even no FCII 229(1994)/300(1994) dated 13.05.1994 (read along with 18 amendments) and Approval letter of even no FC II 160(2005)/157(2005) dated 21.06.2005.

        II. Incorporating a Wholly Owned Subsidiary (WoS) which will act as a trustee company to HSBC Mutual Fund.

        III. HSBC InvestDirect Financial Services(India) Limited[WoS of HSBC Invest Direct (India) Ltd] to engage into additional activities

        NBFC

        7

        34

        ICICI Lombard General Insurance Company Limited, Mumbai

        Approval has been sought to sell 40,270,010 fully paid up equity shares equivalent to 9% of the share capital of the Company (“Sale shares”) to FAL Corporation, an indirect wholly owned subsidiary of Fairfax, for an aggregate consideration of INR 1550.2 Cr.

        Insurance

        8

        35

        ICICI Prudential Life Insurance Company Limited, Mumbai

        Approval for transfer of 2% of its shares currently held by ICICI Bank Limited (ICICI) to Compassvale Investments Pte. Ltd (Compassvale), a foreign entity and 4% shares to Hasham Traders, a resident Indian entity.

        Insurance

        The following ten (10) proposals have been rejected:

        S. No.

        Item No

        Name of the applicant

        Gist of the proposal

        Sector

        1

        1

        M/s IMCD lndia Pvt Ltd

        Approval has been sought for issuing 4,213,814 Equity Shares of ₹ 10 fully paid up at a premium of ₹ 140 per share to IMCD Finance BV in consideration for transfer of IMCD Group BV’s Indian branch into IMCD India pursuant to a court approved scheme of demerger. However, the High Court order has not yet been received.

        Cash and Carry whole sale trading

        2

        2

        M/s Apollo Hospitals Enterprise Ltd

        Approval for allowing foreign investment by the non-resident shareholders pursuant to the proposed rights issue subject to RBI and other necessary approval.

        Healthcare

        3

        10

        M/s Phenomenex India Pvt Ltd

        Post Facto approval has been sought for issue of Shares on non-repatriation basis against Preoperative Expenses, and condonement of the delay in application.

        Cash and Carry whole sale trading

        4

        13

        M/s You Broadband India Ltd

        a) Transaction 1:  M/s You Broadband India Limited (YBIL), a public limited company offered rights issue of shares to all its existing resident and non-resident shareholders on February 6, 2015, at face value ₹ 10 for consideration amount ₹ 2.059 crore.
        b) Transaction 2: YBIL acquired balance 63.76% equity shares of Digital Outsourcing Private Limited (DOPL) on March 20, 2015 for consideration amount ₹ 2.745 crore from its current resident shareholders.  DOPL is engaged in providing services which eligible for 100 % foreign investment under automatic route.  Necessary intimation for the above acquisition of shares of DOPL by YBIL was duly filed with FIPB. Pursuant to above acquisition, DOPL became wholly owned subsidiary of YBIL.

        Trading

        5

        14

        M/s Lupin Limited

        Approval has been sought for
        removal of the compounding condition imposed in the approval letter dated 09.11.2015, for not seeking an approval from FIPB, for issuance of ESOPs prior to 11.06.2015.

        Pharma

        6

        15

        M/s Perfectmehta Systems Outsourcing India LLP

        Approval has been sought for transfer of capital contribution by foreign partner to newly formed Indian LLP. The contribution of the foreign partner has not yet been received.

        LLP

        7

        17

        M/s George Institute of Global Health

        Post-facto approval and regularization for  allotment of 16,78,492 fully paid up equity shares of ₹ 10/- each, which had been allotted by the applicant to its foreign holding company  The George Institute for Global Health, Australia against the remittances received by the third party (M/s Gandhi & Gandhi).

        Healthcare

        8

        18

        M/s Hive Technologies LLP

        Approval has been sought for investment of upto 66.93% by Hive Group Management LLC, USA in Hive LLP, for an aggregate consideration of INR 4,00,000. The applicant seeks to prevent the anticipated breach of downstream conditions applicable to LLPs as per clause (b) of paragraph 3.2.5 of the FDI Policy, upon receipt of foreign direct investment

        LLP

        9

        21

        M/s Barefoot Resorts and Leisure India Pvt Ltd

        Post facto approval of the allotment of 14195 partly paid equity shares of the face value of ₹ 100 each issued at a premium of ₹ 6900 per share equity share made on 1 October 2009 by the Applicant to its existing NRI Shareholder Fruition Resorts Limited, Mauritius on rights basis.

        Hospitality

        10

        23

        M/s Dipon Gas and Infrastructure Pvt Ltd

        Approval has been sought  for issuing 20,00,000 equity shares of Dipon Gas and Infrastructure Pvt. Ltd at the rate of ₹ 10/- per share to DG Infratech Pte Ltd, Singapore

        Construction

         5.         The following one (01) proposal was withdrawn by the applicant:

         S. No.

        Item No

        Name of the applicant

        Gist of the proposal

        Sector

        1

        32

        Equitas Holdings Ltd

        Approval has been sought by M/s Equitas Holdings Private Limited for undertaking an IPO in accordance with the provisions of the SEBI ICDR 2009. The Issue comprises a fresh issue and an offer for sale of Equity Shares by certain existing shareholders to eligible non-resident investors including FIIs/FPIs/NRIs.

        CIC

        Foreign Direct Investment approvals: Govt clears multiple proposals and refers a major proposal to CCEA for decision. The Government approved fifteen FDI proposals totalling approximately 7261.6 crore and recommended one major proposal to the Cabinet Committee on Economic Affairs under the FDI Policy. Approved transactions cover equity subscriptions, share transfers and increases in foreign shareholding across insurance, pharma, defence, manufacturing, IT/ITES and asset reconstruction, including post-facto regularisations and requests to remove compounding conditions. Separately, eight proposals were deferred, ten were rejected for non-compliance or incomplete conditions, and one application was withdrawn.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Foreign Direct Investment approvals: Govt clears multiple proposals and refers a major proposal to CCEA for decision.

                              The Government approved fifteen FDI proposals totalling approximately 7261.6 crore and recommended one major proposal to the Cabinet Committee on Economic Affairs under the FDI Policy. Approved transactions cover equity subscriptions, share transfers and increases in foreign shareholding across insurance, pharma, defence, manufacturing, IT/ITES and asset reconstruction, including post-facto regularisations and requests to remove compounding conditions. Separately, eight proposals were deferred, ten were rejected for non-compliance or incomplete conditions, and one application was withdrawn.





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